El Paso, TX asked in Civil Litigation, Contracts and Civil Rights for Texas

Q: My Brother encouraged me and my wife to join into his phone contract with Verizon, along with 4 others.

In order to reduce cell phone charges by having 5 or more devices on one bill. 20 months later we find out that he has been monitoring all of our calls, text messages, and tracking our daily movements. Is this legal? Is he responsible for our reasonable expectation of privacy that has been Violated? He did not have permission for surveillance of our movement or monitoring of our private communications

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: It depends.

A cell phone account holder commonly has access to information concerning the usage of the cell phones on that account. That enables the account holder to monitor each device’s usage for unauthorized activity.

Smart devices can share their location with others allowing a friendly group of users to see roughly where another user’s cell phone is. This can help with the users themselves meeting or with locating a device that has been misplaced.

That type of access to information is customary and expected.

If your facts extend beyond that, I would have to carefully examine what was done and how it was done to determine if it is legal.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.